These terms and conditions apply from [insert date].
1 Definitions
1.1 In this Agreement the following words have the following meanings:
| “Terms and Conditions” | means the EU terms and conditions entered into between you and Xe governing your use of Xe’s foreign exchange services. |
2 This Agreement
2.1 These Multi-Currency Account Terms (the “Agreement”) govern your use of Multi-Currency Accounts the “Multi-Currency Account” or the “MCA”) for businesses offered by Xe Europe B.V. trading as Xe (“Xe”).
2.2 In this Agreement, “you” and “your” refers to you, and “we,” “us” and “our” refer to Xe. To use the MCA, you must accept all the terms of this Agreement.
2.3 This Agreement is in addition to and must be read in conjunction with the Terms and Conditions. If there is any inconsistency between this Agreement and the Terms and Conditions, this Agreement will prevail. Capitalised terms not defined in this Agreement have the same meaning set out in the Terms and Conditions.
2.4 These documents contain legal obligations for you and for us so you should read them carefully to make sure you understand them. If you have any questions, please contact us at transfer.eu@xe.com.
2.5 You may request a copy of this Agreement at any time by calling or emailing us at transfer.eu@xe.com.
3 Our MCA service
3.1 You can load MCA Funds from an account in your name (“Funds”) to use to make payments. For the purposes of this clause, Funds may only be used for transactions initiated after the deposit of Funds and only using your own funds. The Funds may only be used for future initiated transactions and the balance shall remain useable for as long as you have a associated business need.
3.2 If you apply for MCA functionality, we will assess the suitability of a MCA service for your business. You must be using the MCA for business purposes and have a legitimate need to use it.
3.3 You may hold Funds in any currencies that we support. We may change these at any time, but we will usually give you two months’ notice before we withdraw a currency. You acknowledge that you accept any risks related to holding balances in multiple currencies and that exchange rates may fluctuate. You agree you will not use Funds for speculative trading.
3.4 Subject to clause 3.7, You can redeem the Funds at any time by giving us a payment instruction as set out in clause 6, otherwise, the Funds held do not expire other than when your account is closed.
3.5 We do not pay interest on any MCA Funds.
3.6 We may impose limits on the maximum amount of Funds that can be held at any given time and, to the extent that any limits are imposed, we will communicate these to you. Any Funds held in excess of any limits imposed shall be returned to you.
3.7 We may impose time limits on the maximum length of time which you can hold as MCA Funds and, to the extent that any time limits are imposed, we will communicate these to you. Any Funds held in excess of such time limits will be returned to you.
3.8 The MCA is not a bank account. This means your Funds are not protected by the directive for the Dutch Deposit Guarantee. Instead, we will segregate and safeguard funds corresponding to your Funds amount (‘relevant funds’) in a separate bank account in accordance with the Safeguarding provisions of the Terms and Conditions]. This protection continues until you ask us to redeem your Funds by instructing us to make a payment from your MCA. This means in the event of our insolvency, your claim and the claims of other MCA customers are to be paid from the relevant funds in priority to the claims of all other creditors.
4 Information about Multi-Currency Accounts
4.1 We will email you whenever there is a payment in or out of your MCA, confirming the reference, the amount of the payment in the currency used and any currency conversion, any charges, and the date the payment was received or made.
4.2 This information is also available free of charge by logging into our https://www.xe.com/ website (“Website”) and selecting the MCA. If you decide to turn off e-mail notifications, it is your responsibility to check these regularly and print or save a copy of this information for your records. If you notice any errors or unauthorised transactions, please contact us immediately using the contact details below.
4.3 We may charge a fee for a Transfer or Payment and where we do so, this will be clearly communicated to you prior to you completing a transaction.
5 Loading Funds
5.1 You may hold multiple currencies, provided we consider, in our sole discretion, there is a reasonable business need for multiple currencies.
5.2 To load your MCA, funds can be sent electronically in the same currency you have elected for your account by paying from a bank account or another MCA in your name.
5.3 If you want to make the payment from a bank account or another MCA in someone else’s name, we may require evidence that you are entitled to the funds.
5.4 Once we receive the funds, we will update the balance of your MCA.
5.5 We do not accept cash, cheques, or other ways of loading Funds. If your Funds are rejected, we will not be responsible for any costs you may incur. We may also need you to evidence ownership of any Funds before returning them to you.
6 Paying out of Multi-Currency Accounts
6.1 You or an Authorised User can use the security procedures provided to you to ask us to make a transfer or give us payment instructions via our Website, verbally by telephone, or by email where we agree.
6.2 You can ask us to make a payment from your MCA either as an immediate one-off payment, or set up an automatic conversion payment, that is, when you instruct us to convert funds from one currency to another and make a payment immediately upon us issuing the Funds (an “Automatic Conversion”).
Transfers between MCAs
6.3 You can transfer funds between your MCAs either online or by calling us (a “Transfer”).
6.4 Before confirming an immediate Transfer, we will tell you the amount of Funds you will use to purchase your required currency and the Xe Spot Exchange rate to be applied (if relevant). We will convert the Funds at the Xe Spot Exchange Rate we offer at the time we process your instruction. You can find the current rate by checking our Website or by calling us, however, you acknowledge that exchange rates can fluctuate rapidly and a different rate may apply to a particular Transfer.
Payments from your MCA
6.5 You can redeem Funds by giving us an instruction to pay another account in your name or someone else’s. This needs to include the details of the recipient you want to pay (in particular, their account number, which we rely on to make the payment, their full name and address and the full name and address of the recipient bank), the amount, and (if applicable) the currencies you want to exchange.
6.6 You can redeem by paying in the same currency as your MCA or by paying in a different currency. If you wish to pay in a different currency, your confirmation will comprise your agreement to enter into a Spot Trade. On receipt of your instruction, we will specify the transaction details including:
(a) the amount of the “Sale Currency” required, that is, the currency you are selling to us which shall be debited from your MCA;
(b) the amount of the “Purchase Currency”, that is, the currency you are buying from us;
(c) the exchange rate offered;
(d) any applicable fees; and
(e) the recipient the funds are to be sent to.
6.7 We will redeem the Funds by debiting the relevant amount from your MCA.
6.8 It is your responsibility to ensure that you give us accurate and complete details. We rely solely on the account number you give us and will not check that the name you provide matches the account number you have given us.
7 Execution Times
7.1 We process Transfers and payments on Business Days (a day, other than Saturday, Sunday or public holiday, on which banks are open for business in the Netherlands, or where relevant, in the country of the currency you are exchanging), provided we receive your instruction before our relevant cut off time, otherwise we will deem it to be received the following Business Day.
7.2 When we ‘receive’ your instruction depends on the type of Transfer or payment you have asked us to make.
7.3 You can see the status of a payment by logging into our Website at https://www.xe.com/
7.4 You may cancel an Automatic Conversion instruction at any time by giving us at least 24 hours’ notice, which will apply to any Funds received after this time. Otherwise, a Trade or Payment cannot generally be withdrawn or changed once it has been received.
8 Payment Service Providers
8.1 You may authorise regulated payment services providers to give us instructions in certain circumstances. These are:
(a) payment initiation service providers to give us instructions to make a Payment from your MCA, or
(b) account information service providers to provide them with your transaction history.
8.2 You must also take the steps set out in clause 6 of the Terms and Conditions to ensure your security procedures remain secure. Please contact us if you’d like further information.
9 Liability
9.1 In addition to the grounds set out in the Terms and Conditions, we will not be liable to you in respect of any:
(a) delays due to normal business maintenance of our Website,
(b) any breach of this Agreement by you;
(c) act or omission of an e-commerce marketplace, including those resulting from your entry into this Agreement, and
(d) failure of a third party sending funds to your account that are not received by Xe due to error or fraudulent activity.
9.2 These exceptions will not apply if we acted fraudulently, with gross negligence or we are at fault and the law doesn’t allow us to exclude or limit liability.
10 Duration and termination of this Agreement
10.1 This Agreement will remain in force until terminated by you or us.
10.2 Unless otherwise agreed in writing by you, you may terminate this Agreement at any time without charge by notifying us in writing.
10.3 We may terminate this Agreement and close or restrict your MCA at any time by giving you two calendar months’ notice in writing. In addition to the grounds set out in the Terms and Conditions, we may also terminate this Agreement and close your MCA immediately if we reasonably believe:
(a) you have seriously or repeatedly broken the terms of this Agreement,
(b) you are no longer eligible for a MCA, or
(c) your MCA is being used in connection with speculation, fraud, money laundering, terrorist financing, tax evasion, or other criminal activity.
10.4 If we close or restrict your MCA, you agree to provide us with any information we reasonably need to reactivate it. If any MCA is inactive for an extended period of time, being four months without a payment or Transfer, we may close the MCA on giving written notice to you.
10.5 When you or we close your MCA, you must redeem any Funds that are still held on your MCA within a reasonable time by asking us to make a payment to another account in your name. We do not charge for redemption but there may be a charge for the Payment. After this time, you may not be able to access your MCA and will need to contact Customer Service to redeem any remaining Funds. You have the right to do this for a period of 6 years from the date your MCA is closed.
10.6 If you owe us money, we may deduct the amount owed from any balance on your MCAs without further notice to you.
11 Warranties and indemnities
11.1 You agree that the following statements are true and accurate, and you acknowledge that we may refuse to follow an instruction or close your MCA in the event that they are not true and accurate:
(a) You are over the age of 18,
(b) You have full authority to enter into this Agreement and services under it;
(c) You are the beneficial owner of the money being transferred;
(d) You are not acting on behalf of another person unless you inform us that you are acting as:
(e) a corporate partner of a partnership:
(f) trustee of a trust; and
(g) You will report and remit to the appropriate government tax authorities any taxes or duties that may apply.
11.2 If you are acting as a trustee of a trust, this Agreement binds you in your personal capacity and in your capacity as trustee of the trust.
11.3 You agree to pay us any costs (including Close Out Costs), expenses or fees we may reasonably incur as a result of your failure to perform your obligations under this Agreement. This includes any legal costs, on a solicitor and own client basis, that we may incur in order to enforce our rights or recover any amounts you owe us. You also agree to pay us any fees, costs, duties and taxes validly charged by third parties in relation to the services you enter into, including fees charged by your recipient bank.
11.4 If you are merchant receiving funds from an e-commerce marketplace, or via a payment processor, you acknowledge that:
(a) the payment and delivery of the funds to us is controlled solely by that marketplace or payment processor and is subject to their terms and conditions. Any issues or disputes with such payment or delivery must be resolved directly with the marketplace or payment processor and are not our responsibility; and
(b) we do not accept liability for returns or recalls initiated by you or by a marketplace or payment processor. You are solely responsible for returns or recalls initiated by you or by a marketplace or payment processor. If a marketplace or payment processor debits or recalls funds, you indemnify us in respect of any such amounts, together with any costs or expenses incurred by us in connection with dealing with the debit or recall requests. We reserve the right to debit your MCA or invoice you separately for any such amounts.
12 Our contact details
12.1 Our head office is at Rozengracht 12-1, 1016 NB Amsterdam, the Netherlands. You can contact us by:
(a) By post to the above address; or
(b) Sending us an email at transfers.eu@xe.com.
12.2 This Agreement and all other documents we make available to you are written and available only in English and we will only communicate with you in English. To the extent that the Agreement and any other documents are provided in any other language and there is a conflict with the English language version, the English language version shall prevail.
13 Complaints and disputes
13.1 We value all our customers and take our obligations seriously. We have established internal procedures for investigating any complaint that may be made against us. If your complaint relates to a Payment, it will be dealt with in accordance with the Regulations including the time limits for dealing with complaints imposed by the Regulations. In accordance with our complaints procedure, any complaint you may make must be made or confirmed to us in writing to Head of Compliance at Xe Europe B.V., Rozengracht 12-1, 1016 NB Amsterdam, the Netherlands. If you would like further details of our complaints policy refer to our Website.
13.2 If you are a qualifying complainant, your complaint relates to our Payment Services and you are still dissatisfied following our response to any complaint, you may have a right to refer your complaint to the Complaints Institute Financial Services Provision (Klachteninstituut Financiële Dienstverlenng, KiFID). Further information about making a complaint to the Complaints Institute Financial Services Provision can be accessed at www.kifid.nl.
14 Governing law
14.1 This Agreement shall be interpreted in accordance with Dutch law. Both parties submit to the exclusive jurisdiction of the courts of in Amsterdam, the Netherlands, except for an action for injunctive relief, which may be brought in any appropriate jurisdiction.
15 Severability
15.1 If any provision of this Agreement is found to be illegal or unenforceable, that provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
16 Assignment and waiver
16.1 You may not assign this Agreement or any rights under it, in whole or in part, without Xe’s prior written consent.
16.2 If we fail to exercise or enforce any right or provision of this Agreement it shall not constitute a waiver of our right to enforce the same right or provision on a future date.